Digital Commons Network^™

Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property, Richard A. Posner

Articles

High transaction costs incurred in the licensing of intellectual property create a pressure on legal principles ranging from the fair use doctrine of copyright law to the tying doctrine in antitrust law. It appears, with some exceptions, that antitrust law is imposing excessive restrictions on the licensing of intellectual property. The effect of these restrictions, combined with the high transaction costs inherent in the licensing of intellectual property, is to prevent the maximally efficient allocation of IP resources.

The U.S. Antitrust Laws In A Global Context, Diane P. Wood

Articles

No abstract provided.

Transforming Legal Education In Japan And Korea, Tom Ginsburg

Articles

No abstract provided.

Corporate Heroin: A Defense Of Perks, Executive Loans, And Conspicuous Consumption, M. Todd Henderson, James C. Spindler

Articles

We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …

Small Business Case Studies: Application Of Safety & Health Management Systems, Jennifer Schneider

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No abstract provided.

Benchmark Report Of The Occupational Safety And Health Administration (Osha) Voluntary Protection Program (Vpp) And The Safety And Health Achievement Recognition Program (Sharp), Jennifer Schneider, Kitren Vanstrander, Joseph Brandine

Articles

Small businesses are faced with barriers when it comes to safety and health management. Unlike larger companies, they may not have the expertise or resources necessary to build effective programs. The goal of this study is to gather information about what motivates small businesses to implement safety & health management systems and identify any issues/barriers that are unique to small-sized companies. Members of the Voluntary Protection Program Participants Association (VPPPA) and the Safety and Health Achievement Recognition Program (SHARP) were selected for the survey because they have already been through the process of implementing safety & health management systems and …

Microstructural Analysis Of Varistors Prepared From Nanosize Zno, Suresh Pillai, Declan Mccormack, John Kelly, Ramesh Raghavendra

Articles

No abstract provided.

Microwave Induced Preparation Of A-Axis Oriented Double-Ended Needle-Shaped Zno Microparticles, Suresh Pillai, John Kelly, Graeme Watson, Deirdre Ledwith

Articles

Microwave irradiation of solutions of Zn(NO₃)₂ and urea provides a straightforward route to a-axis oriented crystals of needle-like morphology.

Low-Temperature Crystallization Of Sol–Gel Processed Pb0.5ba0.5tio3: Powders And Oriented Thin Films, Suresh Pillai, Stacey Boland, Sossina Haile

Articles

A novel sol– gel process suitable for depositing thin-film lead
barium titanate has been developed. X-ray diffraction analysis
showed perovskite phase crystallization to occur at a temperature
as low as 400°C with single-phase Pb0.5Ba0.5TiO3 (PBT)
resulting at a temperature as low as 500°C. Small concentrations
of barium carbonate were evident by X-ray diffraction at
400°C, and indications of minor, carbonate-containing phases
were evident by FTIR at 600°C. Deposition of the sol by spin
coating on single-crystal and thin-film MgO on silicon resulted
in highly oriented PBT films after calcination at 600°C. Mixed
(100)/(001) films were obtained on single-crystal MgO,
whereas …

Tradition Versus Technology: Careers Fairs In The 21st Century, Christiane Brennan, Margaret Daly, Eileen Fitzpatrick, Edward Sweeney

Articles

The traditional methods of graduate recruitment do not adequately meet the needs of the changing profile of students and graduates. As industry becomes internationalized, the needs of employers are also changing. Graduate recruitment is in response to short term needs and varying levels of experience are required. A case study method was used in Technological University Dublin to evaluate effectiveness of a virtual careers fair in providing greater access to job opportunities for students and graduates. Access by employers to potential employees was also measured. Findings showed that while access improved, other issues requiring attention emerged.

Valuing Life: A Plea For Disaggregation, Cass R. Sunstein

Articles

Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals-even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that …

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Cass R. Sunstein, Randy E. Barnett

Articles

No abstract provided.

Market Efficiency And Rationality: The Peculiar Case Of Baseball 2004 Survey Of Books Relating To The Law, Cass R. Sunstein, Richard H. Thaler

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No abstract provided.

Through The Years: The Supreme Court And The Copyright Clause, Ruth Okediji

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No abstract provided.

Bankrupting Trademarks, Xuan-Thao Nguyen

Articles

The explosive growth of technology in the last two decades has vastly expanded intellectual property jurisprudence and elevated intellectual property to a heightened status in the marketplace. Indeed, a company's intellectual property assets may now be its most valuable corporate assets. Moreover, the property value of some trademarks is significantly greater than that of the trademark owner's physical assets.

The term “intellectual property” is commonly understood to include patents, trade secrets, copyrights, and trademarks. Yet a paradigm has been constructed and enforced over the last fifteen years wherein only patents, trade secrets, and copyrights are included. The paradigm specifically excludes …

Taxing The New Intellectual Property Right, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Current, albeit arbitrary, rules exist governing the tax treatment of traditional forms of intellectual property, such as patents, trade secrets, copyrights, trademarks, and trade names. While tax principles exist for these traditional intellectual property and intangible rights, specific tax rules do not exist for new intellectual property rights, such as domain names, that are emerging with the arrival of global electronic commerce transactions on the Internet. This article explores the proper tax treatment of domain name registration and acquisition costs, addressing these parallel questions? Are domain names merely variations of traditional forms of intellectual property and other intangible rights to …

Collateralizing Internet Privacy, Xuan-Thao Nguyen

Articles

Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …

Getting Serious About User-Friendly Mass Market Licensing For Software, Robert W. Gomulkiewicz

Articles

Software publishers use standard form end user licenses (“EULAs”) in mass market transactions on a regular basis. Most software users find EULAs perplexing and generally ignore them. Scholars, however, have focused on them intently. In the past twenty years over a hundred scholarly articles have been written on the subject. Most of these articles criticize EULAs and argue that courts should not enforce them. In their critique of EULAs, some scholars examine the adequacy of the offer, acceptance, and consideration. Others discuss EULAs as part of the troublesome issue of standard form contracting, and whether standard forms, on balance, harm …

Cash For Kidneys? Utilizing Incentives To End America's Organ Shortage, Steve P. Calandrillo

Articles

This article addresses the growing organ shortage in America, analyzes current donation and procurement law, and explores both monetary and nonmonetary incentives aimed at eliminating the worsening crisis.

Part I details the law governing human organ donation. Under both the Uniform Anatomical Gift Act (“UAGA”) and the National Organ Transplant Act (“NOTA”), no donor of a human organ may receive “valuable consideration” for providing it. Congress’ intention was simply that the organ recipient be given the “gift” of life—not one which she had to purchase on the market. In reality, the consequences of the Act bear little resemblance to its …

Crafting A License To Know From A Privilege To Access, Jane K. Winn

Articles

Should the doctrine of trespass to chattels apply to unauthorized access to Internet facilities? If it does, then the property rights of the owners of computers connected to the Internet may be vindicated, but at a cost of diminished public access to information posted on the Internet. If it does not, then incentives to invest in the kind of commercial facilities that now largely constitute the Internet may be undermined, but the public interest in knowledge gleaned from information posted on the Internet will be protected.

Although trespass to chattels has been derided as an anachronism ill-suited to the Internet, …

A Glimpse Behind And Beyond Grutter, Evan H. Caminker

Articles

Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.

Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg

Articles

In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO …

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

The Gravitational Instability Of The Vacuum: Insight Into The Cosmological Constant Problem, Stephon Alexander, Manasse Mbonye, John Moffat

Articles

A mechanism for suppressing the cosmological constant is developed, based on an analogy with a superconducting phaseshift in which free fermions coupled perturbatively to a weak gravitational field are in an unstable false vacuum state. The coupling of the fermions to the gravitational field generates fermion condensates with zero momentum and a phase transition induces a nonperturbative transition to a true vacuum state by producing a positive energy gap $\Delta$ in the vacuum energy, identified with $\sqrt{\Lambda}$, where $\Lambda$ is the cosmological constant. In the strong coupling limit a large cosmological constant induces a period of inflation in the early …

A Novel Tiq2-Assisted Solar Photocatalytic Batch-Process Disinfection Reactor For The Treatment Of Biological And Chemical Contaminants In Domestic Drinking Water In Developing Countries, E. F. Duffy, F. Al Touati, S. C. Kehoe, O. A. Mcloughlin, L. W. Gill, W. Gernjak, I. Oller, M. I. Maldonado, S. Malato, John Cassidy, R. H. Reed, K. G. Mcguigan

Articles

he technical feasibility and performance of photocatalytic Ti02 coatings in batch-process solar disinfection (SODIS) reactors to improve potability of drinking water in developing countries have been studied. Borosilicate glass and PET plastic SODIS reactors fitted with flexible plastic inserts coated with Ti02 powder were shown to be 2(Jt1o and 25% more effective, respectively, than standard SODIS reactors for the inactivation of E. coli K12. Isopropanol at 100 ppm concentration levels was observed to be completely photodegraded after 24 h continuous exposure to lOG mW/cm2 simulated sunlight in a similar solar photocatalytic disinfector (SPC-DIS) reactor. The technique for p roducing the …

Dit-Call: Naturally Speaking But Slow, Dermot Campbell, Marty Meinardi, Bunny Richardson, Eugene Coyle, Olivia Donnellan, Pak Kui Leung, Ciaran Macdonaill, Elmar Jung, Charles Pritchard

Articles

This paper introduces a new development in speech technology and describes its planned application in an EFL context. Special attention is paid to the pedagogical potential of the resultant language tool.

Power Coupling Between Two Step-Index Multimode Fibers Of Different Numerical Apertures With An Angular Misalignment, Cheng Gao, Gerald Farrell

Articles

Coupling efficiency between two step- index multimode fibers of different numerical aper- tures with an angular misalignment is calculated. The theory is presented using radiometry and geometrical optics. The limit case of the calculation is consistent with a previously published result. The results may be useful for applications such as power launching between two types of fibers with different numerical apertures for example silica fiber and plastic optical fiber(POF) and with an angular misalignment.

Purchasing Consortia And Electronic Markets: A Procurement Direction In Integrated Supply Chain Management, Bernd Huber, Edward Sweeney, Austin Smyth

Articles

In supply chain management literature, there has been little empirical research investigation on purchasing consortium issues focusing on a detailed analysis of information and communication (ICT) based procurement strategies. Based on the exploration of academic literature and two surveys among purchasing organisations as well as e-Marketplaces / procurement service providers (PSPs) in the automotive and electronics industry sectors, the research methodology follows a positivistic approach in order to assess the overall statement: ‘Effective participation in electronic purchasing consortia (EPC) can have the potential to enhance competitive advantage. Implementation therefore requires a clear and detailed understanding of the major process structures …

Henrietta Street Conservation Plan, Shaffrey Associates (Architects), John Montague Dr., Carrig Conservation Ltd., Tracy Pickerill, Lee Mccullough & Partners (Engineers), Boylan Farrelly (Quantity Surveyors)

Articles

The objectives behind the Henrietta Street Conservation Plan are to re-affirm the significance of Henrietta Street; to identify the issues that undermine the importance of the street and to set out policies aimed at protecting the aspects of the street which are of importance into the future.Dublin City Council & The Heritage Council

Protein Fingerprinting: A Domain-Free Approach To Protein Analysis, Jeffery L. Shultz, Chet Langin, Dennis G. Watson, David Lightfoot

Articles

An alternative method for analyzing proteins is proposed. Currently, protein search engines available on the internet utilize domains (predefined sequences of amino acids) to align proteins. The method presented converts a protein sequence with the use of 1200 numeric codes that represent a unique three—amino-acid protein sequence. Each numeric code starts with one of three specific amino acids, followed by any two additional amino acids. With the use of the FPC (FingerPrinted Contig) program, the total protein database (including “redundant” records) from the National Center for Biotechnology Information (NCBI) has been processed and placed into “bins/contigs” based on associations of …